AJITKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri K.Anandkumar, learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State on admission. Perused the records.

(2.) The present petition is filed under Sec. 482 of Cr.P.C. with the following prayer :-

(3.) The brief facts of the case are as under :- Police Sub-Inspector, Yamakanmardi su-moto lodged a report with Mayakanmardi Police Station on 12/10/2021. The gist of the report says that on 1/10/2021 Ajith Shivanand Bhushi visited the police station and lodged a report stating that a male dead body aged about 42 to 45 years was found floating in the river water on the river bed of Ghodageri village. Based on the said report, a case came to be registered in UDR No.32/2021 under Sec. 174 of the Cr.P.C. and FIR sent to the Tahsildar and higher police officials. Tahsildar conducted inquest mahazar and the dead body was shifted to BIMS Hospital, Belagavi for postmortem. On seeing the dead body photograph in social media, present petitioner arrived into BIMS Hospital and identified the dead body as that of his younger brother Bahubali Kadappa Chougala, aged about 42 years. Thereafter on receipt of the postmortem report, the Police Sub-Inspector Nyamagouda suspected that the death of Bahubali is not a natural death and somebody has killed him and thrown the dead body into the river in order to destroy the evidence. After such report being given to the Station House Officer, a case came to be registered in Crime No.189/2021 for the offence under Sec. 302 and 201 IPC against unknown person at the inception.